Unemployment Dispute

[ChicagoFitnessClub]

Hi All,

Question for people who have some knowledge about the law and this pertains to Illinois.

A friend of mine got fired and he tried to collect unemployment. The company fought unemployment and according to my friend, lied about the reason for termination so that it would like the employee was fired for misconduct. My friend says he can prove it.

Should he file a lawsuit?

 

[Christine]

Hi All,

Question for people who have some knowledge about the law and this pertains to Illinois.

A friend of mine got fired and he tried to collect unemployment. The company fought unemployment and according to my friend, lied about the reason for termination so that it would like the employee was fired for misconduct. My friend says he can prove it.

Should he file a lawsuit?

Depends why he got fired.

There is a difference between being laid off (due to poor economy/lack of funding). Being fired is almost always due to misconduct and generally you don't get to collect unemployment.

So what was the reason for being fired?

 

[ChicagoFitnessClub]

Depends why he got fired.

There is a difference between being laid off (due to poor economy/lack of funding). Being fired is almost always due to misconduct and generally you don't get to collect unemployment.

So what was the reason for being fired?

He worked for an investment company as a trader and lost money in the stock market. That's not misconduct but the company is saying he violated risk parameters. He has proof he didn't.

 

[Christine]

He worked for an investment company as a trader and lost money in the stock market. That's not misconduct but the company is saying he violated risk parameters. He has proof he didn't.

Then, yes, if it would be financially or emotionally beneficial for him to do so, then he should.

 

[mamacatnv]

Has be actually been denied unemployment benefits? If he has, has he exercised all of his appeal rights?
I'd do that first. Why pay an attorney at this point in the game.

 

[DebbieB]

My niece worked for 711 and recently won an unemployment dispute with the company with the state. They fired her claiming she was rude to customers. She said she wasn't rude, a customer got mad because they were out of a certain lunch meat, not her fault. She won and got unemployment.

 

[Mimi1965]

He needs to talk with the unemployment office-this happens all the time (did for a bunch of people where i worked) -they have a procedure in place there.

 

[ChicagoFitnessClub]

He needs to talk with the unemployment office-this happens all the time (did for a bunch of people where i worked) -they have a procedure in place there.

He says the company also withheld the final 3 weeks of his payroll. If you add that up plus the lying to the unemployment agency, it seems like the company is playing with fire.

 

[erincon23]

Unemployment is different from the last three weeks pay. He needs to contest unemployment -- they will take info from both sides and hold a hearing. Frequently, the hearing is done as a 3-way phone call. This happened to me 25 years ago -- my former employer claimed I had quit, and I said I had been forced to sign a resignation letter or the employer threatened to not give me expense money for my final (10-day) business trip. The unemployment guy laughed at the employer and told him to quit being a jack***. (The guy really is, I googled him recently, and he still is quite the donkey.)

My SIL was recently let go (on the same day as my DB, her DH), and her employer contested unemployment. They had the phone call, she could show that she had outstanding reviews until the employer's head office said they had to make cuts and let four employees go on the same day. She got her unemployment.

The three weeks pay -- he should contact the labor board for the county he lives in. They will handle that. He may also want to contact the Securities & Exchange commission.

 

[ChicagoFitnessClub]

Unemployment is different from the last three weeks pay. He needs to contest unemployment -- they will take info from both sides and hold a hearing. Frequently, the hearing is done as a 3-way phone call. This happened to me 25 years ago -- my former employer claimed I had quit, and I said I had been forced to sign a resignation letter or the employer threatened to not give me expense money for my final (10-day) business trip. The unemployment guy laughed at the employer and told him to quit being a jack***. (The guy really is, I googled him recently, and he still is quite the donkey.)

My SIL was recently let go (on the same day as my DB, her DH), and her employer contested unemployment. They had the phone call, she could show that she had outstanding reviews until the employer's head office said they had to make cuts and let four employees go on the same day. She got her unemployment.

The three weeks pay -- he should contact the labor board for the county he lives in. They will handle that. He may also want to contact the Securities & Exchange commission.

The labor board will take forever. I think my friend has said he is going to hire an attorney and seek damages.

 

[queenb123]

I was once denied unemplyment when I was fired. I appealed it in a letter to the unemplyment office and won. Got my unemployment for 5mo till I found another job. My employer had lied about things and when I told the person in my phone interview that they were lying. I was called a liar by the unemployment office. This was 14yrs ago thou and I was only 21 at the time. Still maybe possible to just appeal it.

 

[LilyWDW]

The labor board will take forever. I think my friend has said he is going to hire an attorney and seek damages.

He needs to go through proper channels.

 

[GrimGrinningVal]

Hmm....this story sounds vaguly familier.... So, your 'friend' hasn't gotten paid his back-pay yet? I believe that going the lawyer route would just be asking for trouble.

 

[daughtersrus]

I wonder if the "friend" had his poor performance published in the newspaper.

 

[tvguy]

Let's set aside the question of what's right and what's wrong for a moment.

Let's get to the bottom line. I had to decide whether to pursue legal action against my former employer (a huge corporation with deep deep deep pockets) . I consulted with three attorneys.

I got the same advice.
> A case of this type can take 7 to 11 years from start to conclusion.

> I likely would have won my case.

> Pursuing such legal action against employer could make me unemployable. Companies don't like to hire folks involved in legal action against employers in the same industry.

I elected to move on with my life.

 

[Aristomommy]

DH's company fought his unemployment claim (as they said their insurance obligated them to) even though there was no misconduct. Our state allows payments during the dispute, but it does need to be paid back if it's found in the employers favor. It was very stressful and we considered an attorney. The final stage was a hearing (over the phone) and we chose an evening time since that was the most convenient time for DH. Turned out the employer did not call in as it was after office hours and DH won. The judge or mediator over the phone said that most employer do not call in and said that was the best decision we did.

This company fought everyone's unemployment during a mass lay off and lost all of them. But in a case of misconduct, I'm sure both sides would have to show evidence during the hearing.

 

[denisenh]

For infor on filing an appeal

http://www.ides.state.il.us/individual/appeals.asp

He says the company also withheld the final 3 weeks of his payroll. If you add that up plus the lying to the unemployment agency, it seems like the company is playing with fire.

I don't know the details but have you checked your states DOL website?

http://www.state.il.us/agency/idol/faq/faq.htm


Good luck to your friend...do a lot of reading and just follow the rules.


(820 ILCS 115/5) (from Ch. 48, par. 39m‑5)
Sec. 5. Every employer shall pay the final compensation of separated employees in full, at the time of separation, if possible, but in no case later than the next regularly scheduled payday for such employee. Where such employee requests in writing that his final compensation be paid by check and mailed to him, the employer shall comply with this request.
Unless otherwise provided in a collective bargaining agreement, whenever a contract of employment or employment policy provides for paid vacations, and an employee resigns or is terminated without having taken all vacation time earned in accordance with such contract of employment or employment policy, the monetary equivalent of all earned vacation shall be paid to him or her as part of his or her final compensation at his or her final rate of pay and no employment contract or employment policy shall provide for forfeiture of earned vacation time upon separation.
(Source: P.A. 83‑199.)

http://www.ilga.gov/legislation/ilcs/documents/082001150K5.htm
(820 ILCS 115/6) (from Ch. 48, par. 39m‑6)
Sec. 6. The Director of the Department of Labor, or any other person in the Department designated by him, shall be authorized to assist any employee and act on his behalf in the collection of wages or final compensation due him, provided, however, that the Director, or his designee, may assist a class of employees and act in their behalf in a class action; or with respect to all employees of the class with respect to whom payments are due.
(Source: P.A. 81‑593.)

 

[ChicagoFitnessClub]

For infor on filing an appeal

http://www.ides.state.il.us/individual/appeals.asp





I don't know the details but have you checked your states DOL website?

http://www.state.il.us/agency/idol/faq/faq.htm


Good luck to your friend...do a lot of reading and just follow the rules.


(820 ILCS 115/5) (from Ch. 48, par. 39m‑5)
Sec. 5. Every employer shall pay the final compensation of separated employees in full, at the time of separation, if possible, but in no case later than the next regularly scheduled payday for such employee. Where such employee requests in writing that his final compensation be paid by check and mailed to him, the employer shall comply with this request.
Unless otherwise provided in a collective bargaining agreement, whenever a contract of employment or employment policy provides for paid vacations, and an employee resigns or is terminated without having taken all vacation time earned in accordance with such contract of employment or employment policy, the monetary equivalent of all earned vacation shall be paid to him or her as part of his or her final compensation at his or her final rate of pay and no employment contract or employment policy shall provide for forfeiture of earned vacation time upon separation.
(Source: P.A. 83‑199.)

http://www.ilga.gov/legislation/ilcs/documents/082001150K5.htm
(820 ILCS 115/6) (from Ch. 48, par. 39m‑6)
Sec. 6. The Director of the Department of Labor, or any other person in the Department designated by him, shall be authorized to assist any employee and act on his behalf in the collection of wages or final compensation due him, provided, however, that the Director, or his designee, may assist a class of employees and act in their behalf in a class action; or with respect to all employees of the class with respect to whom payments are due.
(Source: P.A. 81‑593.)

Yup he knows he can do those but I think he's opting for an attorney so he can punish the company just for being scumbags.

 

[Mimi1965]

Yup he knows he can do those but I think he's opting for an attorney so he can punish the company just for being scumbags.

I had the same feeling when this happened to me.
HOWEVER-the unemployment office took care of it-and all of us that were let go got our unemployment-with NO cost to ourselves,

he really wont be "punishing" anyone but himself-the company probably has an attorney on retainer-your friend will have to spend big bucks to hire one.

 

[kirbsam]

Yup he knows he can do those but I think he's opting for an attorney so he can punish the company just for being scumbags.

sounds like he already knows what he is going to do. with or without our uninformed opinions.